in for such office, except in cases otherwise specially provided for. SEC. 14. If a number of candidates greater than the requisite number shall severally receive a majority, a number equal to the requisite number having the greatest excess over such majority shall be declared to be elected. But if the number to be elected cannot be completed by reason of any two or more candidates having received an equal majority, one or more being greater than the requisite number, the candidates having such an equal majority shall be declared not to be elected.

SEC. 15. The moderator shall in said meeting, in presence of the selectmen and town clerk, sort and count the said votes and make a public declaration of the whole number of the tickets given in, with the name of every person voted for, and the number of votes for each person, and the town clerk shall make a fair record thereof at large in the books of the town.

SEC. 16. No ballot shall be received and counted after the state of the votes shall have been declared as aforesaid.

SEC. 17. The town clerk shall have present at the polls, at the opening thereof, all the statute laws of this State in force relating to the subject of elections.

SEC. 18. Upon the back of the list of voters used at the annual meeting, the selectmen shall enter the names of all the ratable polls in the town not included in said list, and shall file the same with the town clerk within one week after the town meeting.

SEC. 19. If any person shall directly or indirectly give spiritu'ous liquor to any voter at any time with a view to influence any election, or as a treat for his vote, or for the honors bestowed on any candidate at such election, he shall be punished by fine not exceeding twenty dollars for each offence.

SEC. 20. If any person shall directly or indirectly hire or procure or attempt to hire or procure, by payment, promises, threats, or intimidations, any other person to stay away from any town meeting, or to avoid voting at any town meeting, or to vote for or against any particular ticket or candidate for office, or to procure him to ask the abatement of his taxes, or to be excused from paying taxes, in order to prevent him from voting at any election, such person shall be punished by a fine not exceeding fifty dollars, or by imprisonment not exceeding thirty days. (Laws of 1847, chap. 492, sec. 1.)

SEC. 21. If any person at any meeting for the choice of officers shall give in more than one vote for any officer voted for at such meeting; or if any person under the age of twenty-one years, or any alien not naturalized, or any person who is not a legal voter, shall give in any vote for any officer at such meeting; or if any person being under examination as to his qualifications as a voter before the board of selectmen, shall give any false name or answer; he shall be punished by fine not exceeding thirty dollars for each offence, or may be imprisoned in the common jail not exceeding three months.

c. 22. If any selectman at any session holden for the coron of the list of voters, on receiving satisfactory evidence that y person whose name is on said list is not a legal voter, shall eglect or refuse to erase such name from such list; or shall neglect or refuse to insert on said list the name of any person who is a legal voter, having satisfactory evidence thereof; or shall neglect or refuse to hear or examine any evidence offered for such purpose in either of the cases aforesaid; or shall at any time insert on said list the name of any person not a legal voter, knowing such to be the case; or shall knowingly erase therefrom or omit to insert the name of any legal voter; he shall be punished by fine not exceeding fifty dollars for each offence.

SEC. 23. If any moderator or selectman at any such meeting shall fraudulently receive and count any illegal vote, or shall fraudulently omit to receive and count any legal vote; or shall fraudulently embezzle any vote from the number of legal votes cast, or add any vote thereto; or shall receive or count any vote given at such meeting by proxy and without the personal delivery of such vote by the person entitled to give the same; he shall for each offence be punished by fine not exceeding fifty dollars.

SEC. 24. If any person shall be guilty of any offence against any provision of this chapter, the penalty for which is not herein specified, he shall be punished by fine not exceeding thirty dollars for each offence.

CHAPTER 27.

OF THE ELECTION OF GOVERNOR, COUNCILLORS AND SENATORS.

SECTION 1. The meetings of the several towns for the election of governor, councillors and senators shall be holden on the second Tuesday of March annually, and at no other time.

SEC. 2. The town clerk shall make out a fair and exact copy of the record of all votes given in at any such meeting for governor, for councillor and for senator, upon distinct and separate pieces paper, shall certify upon each copy that the same is a true copy of said record, and shall seal up said copies separately and direct

of

the same to the secretary of state, with a superscription upon each expressing the purport thereof.

SEC. 3. He shall cause such attested copy to be delivered to the sheriff of the county in which said town lies, thirty days at least before the first Wednesday of June, or to the secretary of state twenty days at least before the said first Wednesday of June, and the sheriff or his deputy shall deliver all such certificates by him received, into the secretary's office twenty days at least before the first Wednesday of June.

SEC. 4. The sheriff or secretary upon the receipt of any such copy, shall give a receipt therefor, if requested.

SEC. 5. If any town clerk or sheriff shall neglect to make any return of votes in the manner aforesaid, he shall be punished by fine not exceeding one hundred dollars, nor less than twenty dollars.

SECTION 1. That this State be and hereby is divided into three districts for the purpose of choosing representatives of this State in the Congress of the United States, and each district shall be entitled to elect one representative [being an inhabitant of the same district.*] (Laws of 1852, chap. 1284.)

SEC. 2. The said districts shall be formed and limited in manner following, to wit: the towns that now constitute the counties of Rockingham, Strafford, Belknap and Carroll shall constitute the first district. The towns that now constitute the counties of Merrimack and Hillsborough shall constitute the second district. The towns that now constitute the counties of Cheshire, Sullivan,

This is a portion of the laws of 1846, chap. 342, sec. 1. It is retained in the compilation, but is omitted in the laws of 1852.

Grafton and Coös shall constitute the third district. (Laws of 1852, chap. 1284.)

SEC. 3. The meeting for the choice of representatives in congress shall be holden in each district on the second Tuesday of March, eighteen hundred and forty-seven, and on the second Tuesday of March in every second year thereafter. (Laws of 1846, chap. 342, sec. 3.)

SEC. 4. The meetings in the several towns and places in each district shall be warned and governed, and the return of votes for representatives shall be made out, signed, certified, sealed, directed, transmitted, receipted for, examined and counted, at the same time and in the same manner as is now provided for the return of votes for senators. (Laws of 1846, chap. 342, sec. 4.)

SEC. 5. Upon such examination and count, the person having the largest number of votes returned, in any district, shall be declared duly elected, and the governor shall forthwith transmit to the person so elected a certificate of such election, signed by himself and countersigned by the secretary, and with the seal of state affixed thereto. (Laws of 1848, chap. 700, sec. 1.)

SEC. 6. If two or more persons, at any election of representative to Congress, shall, in any district, receive the largest and an equal number of votes, so that no choice be made, the governor with the advice of the council, shall cause precepts to be issued to the selectmen of the several towns and places within such district for another election, requiring them to warn meetings to be held at the time specified in such precepts for the choice of a representative in such district. (Laws of 1848, chap. 700, sec. 2.)

SEC. 7. The votes given in at any such meeting shall be received, sorted, counted, declared, recorded and certified, and the return thereof made out, signed, certified, sealed and directed in the manner herein-before prescribed, and the clerk shall transmit the same to the sheriff of the county in which such town lies either within ten days after such meeting, or to the office of the secretary of state within fifteen days after such meeting; and every such sheriff shall transmit to the secretary's office all returns of votes by him received as aforesaid, within twenty days after said meeting. (Laws of 1848, chap. 700, sec. 3.)

SEC. 8. The secretary, as soon as may be, shall lay all such returns before the governor and council, and the votes shall be examined and counted, and the election of the person having the largest number of votes declared and certified, and the certificate thereof made out and transmitted in the manner herein-before directed. (Laws of 1848, chap. 700, sec. 4.)

SEC. 9. If upon such second balloting two or more persons shall have the largest and an equal number of votes in any district, so that no choice be made therein, then the governor, with advice of the council, shall forthwith cause new precepts to be issued as aforesaid, directing another meeting to be warned and holden to fill such vacancy; and the same proceedings shall be

again had as are herein-before provided, and so from time to time, so long as may be necessary, until some one person shall have the largest number of votes, who shall be declared elected as aforesaid. (Laws of 1848, chap. 700, sec. 5.)

SEC. 10. If any vacancy in the representation of the State in congress shall occur by death, resignation or otherwise, the gov ernor, with advice of the council, shall forthwith cause precepts to be issued to the selectmen of the towns and places within the district where such vacancy may have occurred, for an election to fill such vacancy, and similar proceedings in all respects shall be had therein as are provided in the preceding sections of this chapter, and the ballotings in such districts shall be continued until some one person shall have the largest number of votes given in and returned as aforesaid, who shall be declared duly elected to fill such vacancy. (Laws of 1848, chap. 700, sec. 6.)

SEC. 11. If any town clerk or sheriff shall neglect to make any return of votes as aforesaid, he shall be liable to the same penalty provided for neglect to make return of votes for senator. (Laws of 1846, chap. 342, sec. 10.)

CHAPTER 29.

OF THE ELECTION OF ELECTORS OF PRESIDENT AND VICEPRESIDENT.

SECTION 1. The meeting for the choice of electors of president and vice-president shall be holden on the Tuesday following the first Monday in November one thousand eight hundred and forty-eight, and on the Tuesday following the first Monday in November, in every fourth year thereafter, and the governor shall seasonably issue precepts to the several towns, directing them to warn and hold meetings at the time and for the purpose aforesaid. (Laws of 1848, chap. 617, sec. 1.)